with significant market power under this Act. (5) The obligations and conditions in the decision referred to in the preceding paragraph must be objective, transparent, proportionate and non-discriminatory. The decision must be issued in accordance with the procedures referred to in Article 204 of this Act and with the procedures of cooperation and consultation with other regulatory authorities, the Commission and BEREC referred to in Articles 209 to 212 of this Act. (6) In order to ensure realisation of the objectives referred to in the fourth paragraph of this Article in relation to operator access and interconnection, the Agency may, in justified cases, decide ex officio using the procedures referred to in Articles 204 and Articles 209 to 212 of this Act, and with mutatis mutandis application of the procedure referred to in Articles 218 and 219 of this Act. (7) An undertaking that does not provide services or operate a network in the Republic of Slovenia may request operator access or interconnection without notifying the Agency in advance under Article 5 of this Act. Article 91 (shared use) (1) Where a natural person or legal entity providing an electronic communications network acquires the right to construct, install, operate or maintain a network and associated infrastructure on, above or below real estate owned by another, or where it is entitled to make use of an expropriation or easement procedure on this real estate, the Agency may order shared use of the communications facilities referred to in the second paragraph of this Article, with due regard paid to the principle of proportionality. (2) The Agency may order the measure referred to in the preceding paragraph to the benefit of natural persons or legal entities providing electronic communications networks that are deprived of access to viable alternatives due to the need to protect the environment, public health, public security or spatial planning arrangements, where the parties are unable to reach agreement between themselves regarding the shared use referred to in the first paragraph of this Article. In such a case, the Agency may order the natural person or legal entity referred to in the first paragraph of this Article to allow the other party shared use of the property or of communications facilities such as buildings, entrances to buildings and the installations within buildings, posts, antennas, towers and other similar structures, as well as cable ducts, channels, manholes and terminal boxes, including a shared physical location. The Agency may lay down rules for the sharing of the costs of shared use of facilities or real estate. (3) The Agency may, where it assesses such a course of action to be appropriate under the circumstances, decide on the measure referred to in the first paragraph of this Article ex officio in accordance with the procedure referred to in the fifth paragraph of the previous Article. (4) The Agency may also order shared use at the proposal of a party using the procedure referred to in Article 218 of this Act, but only after a prior public consultation process has taken place with stakeholders that lasts for the period referred to in Article 204 of this Act, where all interested parties must have an opportunity to express their opinion. (5) The ordering of shared use must be objective, transparent, non-discriminatory and proportionate. The Agency shall, where it assesses such a course of action to be appropriate under the circumstances, order shared use in cooperation with the bodies of self-governing local communities. Article 92 (shared use of installations in buildings)